Assignment #1 – Employment-At-Will Doctrine
Law, Ethics, and Corporate Governance – LEG 500
In the first scenario, the employee is unable to perform her job adequately. This can possibly be a legal reason for the employer to terminate the employee. The employer has tried to improve the employee’s performance by sending her for a few months of training and support which was a great step on the employer’s part. As a manager or supervisor, perhaps the employee could have been given at least six months to improve her job performance. In this particular situation the employee did not improve so there could be legal grounds for termination if necessary to find someone else to fulfill the duties of the position. For the employer to still defend its decision of termination he/she will need to prove that the employee is incompetent; reasonable steps to try and improve the employee’s performance were taken; and the employer will need to prove that they had addressed the issue in several instances before terminating the employee. It would also be in the employer’s best interest to have documented evidence. The employment-at-will doctrine explains that an employer can terminate an employee at any time, for good reason, a bad reason or for no reason at all, and the employee can terminate employment at any time. In this scenario, the firm should legally be allowed to terminate the employee based on the employment-at-will doctrine. A new employee usually serves under a probation period upon coming onto a new job. During the probation period, the employee is closely monitored in regards to their conduct and job performance. If the employer is not completely satisfied with the new employee’s performance than legally the employer can terminate that employee. When a new employee comes aboard, they may need additional training; however, management still has high expectations of the new employee to overall perform the job duties...